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S. Narayana Reddy and Others Vs. S. Sai Reddy

Court : Andhra Pradesh

Reported in : AIR1990AP263

..... to the conclusion that when a preliminary decree was passed declaring the shares of the parties, it is not open to the unmarried daughters to claim shares in those properties by virtue of the amended provisions of the hindu succession act, 1956.6. ..... there is a statutory change by the introduction of section 29a of the hindu succession act which came into force on 5th sepember, 1985 and the preliminary decree has been passed on 26th december, 1973, but no final ..... 29-b and 29-c of the hindu succession act of 1956, defendants 6 to 9 being unmarried daughters are also entitled for a share on par with their brothers, since the properties have not ..... failed to take note that it is a settled law that a suit for partition of the joint family properties should be deemed to be pending till a final decree is passed and merely because a preliminary decree was passed before the hindu succession (andhra pradesh amendment) act, 1956 (xiii of 1986) came into force on 5-9-1985 the rights of the unmarried daughters conferred under the said act cannot be said to be unenforceable.7. ..... . 29-a in the hindu succession act by act (13 of 1986) the statute conferred a right on the daughters and they become coparceners in their own right in the same manner as sons and have the same ..... . 29a of the hindu succession act, cannot file an applicationl for passing of a final decree in the light of the findings that have already been arrived at ..... new chapter ii-a is inserted into the hindu succession act consisting .....

The Income-tax Officer Vs. Shri P.C. Ramakrishna, Huf

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)108ITD251(Chennai)

..... prior to the amendment to the hindu succession act, 1956 by the hindu succession (tamil nadu amendment) act, 1989, the rules of ancient hindu law geverning the rights of the women in the family in the mitakshara school of hindu law, no doubt female members had no right to claim partition of the family properties but had a right to maintenance and even the share in the property can be allotted equal to that of a ..... nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989 (v) nothing in clause (ii) shall apply to a partition which had been effected before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989. ..... the hon'ble apex court has considered the issue regarding the preliminary decree which has already been passed prior to the amended provisions and the high court committed an error in directing the trial court to allot shares to the unmarried ..... the question that falls for our consideration is whether the preliminary decree has the effect of depriving respondents 2 to 5 of the benefits of the ..... the instant case, there is no dispute that only a preliminary decree had been passed and before the final decree could be passed the amending act came into force as a result of which clause ii) of section 29-a of the act became applicable. ..... when a suit for partition is filed in a court, a preliminary decree is passed determining shares of the members of the family .....

ito Vs. P.C. Ramakrishna (Huf)

Court : Income Tax Appellate Tribunal ITAT Madras

..... sai reddy (supra) and also the amendment of hindu succession act, 1956 by the hindu succession (tamil nadu amendment) act, 1989, which are the provisions similar to the hindu succession (andhra pradesh amendment) act, we are of the considered opinion that the difference between daughter and son of the mitakshara hindu family is removed and the daughter is conferred the coparcenary rights in the joint family property by birth in the same manner and to the same extent as the son. ..... be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989; (v) nothing in clause (ii) shall apply to a partition which had been effected before the date of the ..... the honble apex court has considered the issue regarding the preliminary decree which has already been passed prior to the amended provisions and the high court committed an error in directing the trial court to allot shares to the unmarried daughters. ..... the question that falls for our consideration is whether the preliminary decree has the effect of depriving respondents 2 to 5 of the benefits of the amendment. .....

The Dy./Asst. Commissioner of Vs. Shri C. Krishnan

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)108ITD16(Chennai)

..... through the hindu succession (tamilnadu amendment) act which came into force on 25^th day of march, 1989 and the hindu succession act, 1956 as applicable to the state of tamilnadu amended by hindu succession (tamilnadu amendment act) 1989. ..... by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition: (iv) nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989: (v) nothing in clause (ii) shall apply to a partition which had been effected before the ..... the hon'ble apex court has considered the issue regarding the preliminary decree which has already been passed prior to the amended provisions and the high court committed an error in directing the trial court to allot ..... the question that falls for our consideration is whether the preliminary decree has the effect of depriving respondents 2 to 5 of the benefits of the amendment the learned counsel placed reliance on clause (iv) of section 29-a to support his contention that it does clause (ii) of the section provides that ..... by a registered instrument of partition by oral arrangement by the parties or by a decree of the court when a suit for partition is filed in a court a preliminary decree is passed determining shares of the members of the family. .....

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

..... succession to property of parties married under act._ notwithstanding any restrictions contained in the indian succession act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purpose of this section that act shall have effect as if chapter ii of part v (special rules for parsi intestates) had been omitted ..... the restrictions under sections 57 and 58 of the indian succession act which are restrictions only upon the hindu, buddhist, sikh or jain communities would not be applicable to the deceased ..... a class of wills made by hindus, etc._ the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply(a) to all wills and codicils made by any hindu, bhuddhist, sikh or jaina, on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenantgovernment of bengal or within the local limits of the ordinary original civil ..... general application of part._ (1) the provisions of this part shall not apply to testamentary succession to the property of any mohammedan nor, save as provided by section 57, to testamentary succession to the property of any hindu, buddhist, sikh or jaina; nor shall they apply to any will made before the first day of .....

Sundari and ors. Vs. Laxmi and ors.

Court : Supreme Court of India

Reported in : AIR1980SC198; 1980(1)KarLJ1; (1980)1SCC19; [1980]1SCR404

..... it was contended before the full bench that by virtue of section 30(1) of the hindu succession act the right of the first defendant who had obtained a preliminary decree for his 75/360th share of his properties became capable of being disposed of by will and therefore the children of the first defendant would be entitled to the share in accordance with the, terms thereof. ..... the effect of the provisions of the hindu succession act above referred to is that after the coming into force of the hindu succession act an undivided interest of a hindu would devolve as provided for under section 7(2) while in the case of separate property it would devolve on his heirs as provided for in the hindu succession act. ..... thus while section 7(2) provides that when a hindu to whom the aliyasanthana law would have applied if this act had not been passed dies after the commencement of this act, having at the time of his or her death an undivided interest in the property of kutumba or kavaru, as the case may be, under the hindu succession act, section 30 enables the male hindu to dispose of his undivided interest in a kutumba or kavaru by a will. ..... chapter ii of the hindu succession act which deals with the intestate succession is applicable to the property of hindus and the provisions of this chapter would prevail over any law which was in force immediately before the commencement of this act. ..... the hindu succession act came into force on 17th june, 1956. .....

Savithri Amma Vs. Devaki Amma

Court : Karnataka

Reported in : AIR1982Kant67; 1981(1)KarLJ162

..... the hindu succession act of 1956 (central act ..... chapter 1 preliminary deals with (i) short title and extent; (ii) application of the act; (iii) definitions and interpretation; and (iv) overriding effect of the act ..... chapter 11 deals with intestate succession, that is, with succession on intestacy to the property both of a hindu mate and 2 female governed ..... a simple and a clear case that should have been decreed, has been dismissed by the courts below because they disregarded the law of pleadings, the basic concepts of hindu law, simple rules of interpretation of statutes and the law of precedents, the result of which is lack of clarity in their judgments, which should be the hallmark of ..... her estate under the registered will dated 24-9-1970 as claimed by him and if he accepts the said claim of narayana bhatta thereafter hold an inquiry into past and future mesne profits and draw up a preliminary decree in conformity with his findings on those issues.40. ..... , continues joint with his own male issue, the share allotted to him on partition will in his hands retain de character of a coparcenery property as regards the mate issue (vide pars 340, chapter vii effect of partition of the principles of hindu law by mulla 14th edition).22.with this brief background, it is now useful to examine the act and ss. ..... chapter iii which consists of only one-section deals with repeat of certain central acts in force at the commencement of the act ..... the act is divided into chapters comprising 31 sections and .....

Captain Bhupinder Kumar Suri vs.naresh Kumar Suri & Ors

Court : Delhi

..... observations to the same effect were in the context of whether a grandson acquires a share in the individual properties left behind by his grandfather who dies after coming into force of the hindu succession act, 1956. ..... held that the only way in which a huf / joint hindu family can come into existence after the coming into force of the hindu succession act is if an individual s property is thrown into a common ..... officer and had raised construction thereon; ia no.6967/2014 in cs(os) no.2092/2013 page 1 of 22 (ii) that the father of the plaintiff and the defendants, with intention to convert the said property into a joint hindu family (huf) property, executed a declaration dated 25th february, 1969 whereby he constituted a huf comprising of himself, his wife and the plaintiff and the defendants and assumed the capacity of karta of the said huf ..... the counsel for the applicant/defendant no.1, whether not order xx rule 18 of the cpc empowers the court to, in a suit for partition, while passing a preliminary decree, even in the absence of any relief directing the party found to be in possession of the assets in which others have been found a share, to ..... mulla, in 21st edition (2010) on hindu law in chapter xii in paragraph 212 titled formation of coparcenary has authored that the conception of a joint hindu family constituting a coparcenary is that of a common male ancestor with his lineal descendants in the male line within four degrees counting from, and inclusive of, such ancestor (or .....

Mukunda Das Nandy and ors. Vs. Bidhan Chandra Roy

Court : Kolkata

Reported in : AIR1960Cal77,64CWN52

..... the daughters who are also the heirs under the hindu succession act are not on the record either as intending appellants or ..... pointed out that the order of the high court was not a judgment as it was only an interlocutory order made on a preliminary objection and he further pointed out that the word judgment as occurring in section 205 of the government of india act has the same meaning as it has in england, namely, the determination of the rights of the parties in the matter brought before ..... not therefore be justified in taking into account the amendment of section 109 effected by act lxvi of 1956; but even apart from this amendment the opening words of section 109 as adapted make all the provisions of that section subject to the provisions of chapter iv of part v of the constitution. ..... court a preliminary objection was taken to the maintainability of the appeal on the ground that the order of the high court then under appeal was not a judgment, decree or final order within the moaning of section 205 of the government of india act of 1935. ..... case where the consent of the entire body of tenants is necessary to pass a decree for partial eviction; but as we have held against the petitioners on the merits we are not expressing any final opinion on this preliminary point.13. ..... 1 raised a preliminary objection to the effect that on account of the fact that the names of the daughters of the deceased tenant have been expunged from this application under the order of the court dated august 9, .....

Jayshree Raghuvir Balgi Vs. Gokuldas Sheshgiri Prabhu

Court : Mumbai

Reported in : 1993(1)BomCR230

..... under section 8 of hindu succession act, 1956 when the relatives specified in class i of the schedule are in existence at the time of death of a hindu who died intestate, relatives specified in class ii of the schedule are not entitled to inherit. ..... the material facts having bearing on the preliminary issues framed by the court regarding locus standi of the caveator to file the caveat herein are as under :(a) on 30th june, 1983, the testator shri shreeniwas alias shrinath son of manjanath prabhu alias shriniwas manjunath ..... in light of the above discussion the preliminary issue framed by me is answered as under:'shri gokuldas sheshgir prabhu has no locus standi to file the caveat dated 11th october, 1984. ..... the prothonotary and senior master is directed to act on ordinary copy of this order duly authenticated by the associate of this court.12. ..... in this case, the objector had claimed that he was joint with the testator and that the property which the testator purported to dispose of by will was joint hindu family property. .....